-------- This is an application filed by the accused persons in CC.No.145 of 2014 on the file of the Chief Judicial Magistrate Court, Thrissur to quash the proceedings on the basis of settlement under Section 482 of the Criminal Procedure Code.
2. It is alleged in the petition that the petitioner was arrayed as accused Nos. 1 to 8 in CC.No.145 of 2014 on the file of the Chief Judicial Magistrate Court, Thrissur which was originated on the basis of a crime registered based on a private complaint filed by the first respondent against the petitioners alleging commission of offences under Sections 409, 420, 468, 471, 474(a) r/w Section 120(B) of Indian Penal Code which was forwarded to the police for investigation and Annexure-1 First Information Report was registered as Crime No.1124 of 2014 of Thrissur East Police Station. After investigation, final report was filed against the petitioners alleging offences under Sections 406 and 420 r/w Section 34 of Indian Penal Code alone and it was taken on file as CC.No.145 of 2014 on the file of the Chief Judicial Magistrate Court, Thrissur. There was a civil suit as O.S.No.487 of 2013 also filed in respect of the same transaction for realization of the amount by the first respondent and in the mediation held at the instance of the Court Annexed mediation, the matter has been settled between the parties and the suit was decreed on the basis of the mediation agreement. They have agreed to withdraw the criminal prosecution on account of the mediation agreement. In view of the settlement, no purpose will be served by retaining the case as conviction in such case will be remote and in fact it is a civil dispute that resulted in criminal action as well. So, the petitioners have no other remedy except to approach this Court seeking the following relief:-
to quash Annexure -A2 final report filed before the Chief Judicial Magistrate Court, Thrissur as CC.No.145 of 2014 pending on the files of Chief Judicial Magistrate Court, Thrissur.
3. First respondent appeared through counsel and submitted that the matter has been settled and they have no grievance against the petitioners and they filed Annexure-4 affidavit stating these facts.
4. The counsel for the petitioners also submitted that in view of the settlement, no purpose will be served in keeping the case and he prayed for allowing the petition.
5. The learned Public Prosecutor, on instructions as directed by this Court, submitted that there is no other case against the petitioners but opposed the application.
6. It is an admitted fact that there was some transaction between the petitioners and the first respondent and Annexure-1 First Information Report was registered on the basis of the complaint given by the first respondent before the Chief Judicial Magistrate Court, Thrissur which was forwarded to the police for further action under Section 156(3) of Criminal Procedure Code and after investigation Annexure-2 final report was filed against the petitioners confining to commit to the offences under Sections 420 and 406 r/w Section 34 of Indian penal Code alone. It is also an admitted fact that there was a civil suit filed by the first respondent for realization of the amount against the petitioners before the Sub Court, Thrissur and in the Court Annexed mediation, the matter was settled and Annexure-3 compromise petition was filed before the civil Court and on that basis the civil suit was decreed. As per the mediation agreement, the parties have decided to withdraw the criminal prosecution as well. It is on that basis that the present petition has been filed. Further, first respondent the defacto complainant had filed Annexure-4 affidavit stating these facts. There is no public interest involved in this case as it is a civil dispute resulted in registration of crime as well. Further the matter has been settled between the parties. No purpose will be served in keeping the case on file as neither the defacto complainant nor the witnesses will support the prosecution and conviction in such cases will be remote as well.
7. Further in the decision in Gian Singh V. State of Punjab reported in 2012 (4) KLT 108 (SC) it has been held that if a crime has been registered in respect of the matter of civil nature also and if the parties have settled the dispute on mediation due to the intervention of well wishers and the relationship has been restored on account of the settlement, then the Court must give effect to such settlements and quash the proceedings invoking the power under Section 482 of Criminal Procedure Code.
8. In view of the dictum laid on the above decision and also considering the fact that monetary dispute between the parties has resulted in registration of the crime and filing of the final report and since the matter has been settled in the Court Annexed Mediation and no purpose will be served by keeping the case on file, this Court feels that it is a fit case where the power under Section 482 of Criminal Procedure Code has to be invoked to quash the proceedings to promote the settlement and restoration of harmony between the parties.
So the petition is allowed and further proceedings in CC.No.145 of 2014 on the file of the Chief Judicial Magistrate Court, Thrissur as against the petitioners is quashed.
The Office is directed to communicate this order to the concerned Court immediately.
sd/-
K.RAMAKRISHNAN, JUDGE R.AV